Summary of Procedures needed to set up a Business in Kenya
 

This table summarizes the procedures and costs associated with setting up a business in Kenya. 
 

No:

Procedure

Time to complete:

Cost to complete:

1

Obtain approval for the company name from the Registrar of Companies

3 days

KES 100 per name reservation

2

Stamp the Memorandum and Articles and a Statement of the Nominal Capital

14 days

1% of nominal capital + KES 2,005, stamp duty on Memorandum and Articles of Association

3

Pay stamp duty at bank

1 day (included in the previous procedure)

KES 100 bank commission

4

Declaration of Compliance (Form 208) is signed before a Commissioner of Oaths /notary public

1 day

KES 200

5

File deed and details with the Registrar of Companies at the Attorney General's Chambers in Nairobi

21 days

see comments

6

Register with the Tax Department for a PIN

1 day

no charge

7

Register with the VAT office

1 day

no charge

8

Apply for a business permit

1 day

see comments

9

Register with the National Social Security Fund (NSSF)

1 day

no charge

10

Register with the National Hospital Insurance Fund (NHIF)

1 day

no charge

11

Make a company seal after a certificate of incorporation has been issued

2 days

KES 2500*

  

Procedure 1

Obtain approval for the company name from the Registrar of Companies 

Time to Complete

3 days

Cost to complete

KES 100 per name reservation

Comment

The reservation lasts 30 days but can be renewed for a similar period visit http://www.attorney-general.go.ke/compreg.htm for more information.
Some forms are also available for download from the site
.

Procedure 2*

Stamp the Memorandum and Articles and a Statement of the Nominal Capital 

Time to Complete

14 days

Cost to complete

1% of nominal capital + KES 2,005, stamp duty on Memorandum and Articles of Association 

Comment

With effect from 1st January 2005 the Kenya Revenue Authority (KRA) took over the collection of stamp duty from the Ministry of Lands and Housing. As an administrative requirement the KRA now requires the Personal Identification Numbers of the parties on whose behalf documents to be stamped with duty are submitted. Documents have to be first assessed by the stamp duty office before payment can be processed by the KRA's specified banks. The process has lengthened to about 2 weeks as the Stamp Duty office has to receive confirmation of payment from the bank after clearance of funds. Bank handling charges of KShs 100 per transaction are also payable. Visit http://www.kra.go.ke/notices/noticestampduty060105.html for more information 

Procedure 3

Pay stamp duty at bank 

Time to Complete

1 day (included in the previous procedure)

Cost to complete

KES 100 bank commission

Comment

Visit  http://www.kra.go.ke/notices/noticestampduty060105.html for more information

Procedure 4

Declaration of Compliance (Form 208) is signed before a Commissioner of Oaths / notary public 

Time to Complete

1 day

Cost to complete

Kshs 200

Comment

The Advocate incorporating is required to sign a Company Form 208 which accompanies the documents to be submitted to the Registrar of Companies. This form is a Declaration of Compliance with the requirements of the Companies Act.  

NB: The Law society of Kenya is the premier bar agency and legal development agency for Kenyan advocates Visit http://www.lsk.or.ke/ for details.

Procedure  5

File deed and details with the Registrar of Companies at the Attorney General's Chambers in Nairobi

Time to Complete

21 days

Cost to complete

see comments

Comment

Submit stamped Memorandum and Articles of Association, particulars of directors and secretary (Form 201), statement of capital, notice of proposed registered office (Form 203), declaration of compliance (Form 208) and the prescribed registration fees. Registration fees are: Kshs2,200 for the first Kshs100,000 and Kshs120 for every Kshs20,000 after the first Kshs.100,000 subject to a maximum of Kshs.60,000. Filing fee for 3 forms is Kshs.600. It takes 20-25 days to get the approval. Visit http://www.attorney-general.go.ke/compreg.htm for more information

 

Procedure  6

Register with the Kenya Revenue Authority Tax Department for a PIN 

Time to Complete

1 day 

Cost to complete

no charge

Comment

The PIN is valid also for VAT, PAYE, and local service tax. File certificate of registration and a copy of the Memorandum and Articles of Association. 

NB: PIN is available from KRA headquarters and its affiliate offices. For more information please visit http://www.kra.go.ke/incometax/incometaxdownloadableforms.html

Procedure  7

Register with the VAT office 

Time to Complete

1 day

Cost to complete

no charge

Comment

VAT office is in the KRA offices at the Times Tower building, Nairobi or its regional offices.

Procedure  8

Apply for a business permit 

Time to Complete

1 day

Cost to complete

see comments

Comment

The fee varies by type of business, number of employees and size of business premise. Fee is payable to the local authority’s, Licensing Department. The Authority will issue business permit. Cost: Kshs 5,000 (medium trader, shop or retail service from 5-20 employees and/or premises from 50-300 sqm fair location) 

NB: The Local authority for Nairobi is the Nairobi City Council

Procedure  9

Register with the National Social Security Fund (NSSF) 

Time to Complete

1 day

Cost to complete

No charge

Comment

NSSF provides the employee with a lump-sum retirement benefit. Historically, the rate of return paid by the State is considerably less than that achieved by private schemes but participation is mandatory. The employer pays a standard contribution of approximately 1% of salary subject to a maximum of Shs.400 per month. One half of the contribution is deductible from the employee's salary. The precise amount of the contribution (where less than the maximum) is determined by reference to salary bands.

Procedure  10

Register with the National Hospital Insurance Fund (NHIF) 

Time to Complete

1 day

Cost to complete

No charge

Comment

The employee contributes a fixed sum to the NHIF, which must be deducted by the employer from the employees' salary. The maximum contribution is Shs.320 per month. The contributions are used to offset the costs of medical treatment but they only cover a fraction of actual costs. Hence, most companies put in place medical insurance cover for employees.

Procedure  11

Make a company seal after a certificate of incorporation has been issued 

Time to Complete

2 days

Cost to complete

KES 2500*

Comment

The client may liaise with the advocate in the production of the company seal